276 results for 'court:"USDC Northern District of California"'.
J. Tigar grants the consumer's motion to voluntarily dismiss her putative class action against the restaurant chain alleging that it serves tuna products that are not actually made with tuna, or not 100% tuna, and denies the chain's motion for sanctions. While the consumer's counsel's failures to meet deadlines and serve expert disclosure and file supplemental materials and submission of an untimely and false declaration regarding a failure to comply with deadlines, among other conduct issues, were "blameworthy," they do not demonstrate recklessness or bad faith.
Court: USDC Northern District of California, Judge: Tigar, Filed On: August 4, 2023, Case #: 4:21cv498, NOS: Other Fraud - Torts - Personal Property, Categories: Sanctions, Consumer Law, Class Action
J. Donato grants judgment to the cell phone company and against the California Public Utilities Commission in an action brought by the phone company seeking a declaration that two Commission resolutions governing the calculation of surcharges on the phone company's revenues from intrastate service are preempted by federal law. The majority of the services that the resolutions would have imposed surcharges on are not surchargeable under the FCC's safe harbor provisions, and the Commission's enforcement of the resolutions would disproportionately impact the phone company in comparison to its competitors, thus conflicting with the FCC's competitive-neutrality requirement.
Court: USDC Northern District of California, Judge: Donato, Filed On: August 4, 2023, Case #: 3:17cv5959, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Communications, Preemption
J. Beeler largely grants the university's motion to dismiss claims brought by its former baseball players alleging that baseball coaches created a sexualized and abusive environment in their program which the university took no action to curb. Breach-of-contract claims brought by students who left the university before 2018 are time-barred, but their Title IX and state education code claims are not. Tort claims, however, are time-barred. Title IX retaliation claims survive, and contract claims by newer players are dismissed with leave to amend. Claims making allegations against the Archdiocese of San Francisco also survive, though it is "highly doubtful" that the allegations would be admissible at trial. Finally, a claim for injunctive relief is moot and so is dismissed.
Court: USDC Northern District of California, Judge: Beeler, Filed On: August 4, 2023, Case #: 3:22cv1559, NOS: Education - Civil Rights, Categories: Education, Class Action
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J. Westmore denies the former family living trust trustee's motion for summary judgment on the beneficiary's breach of fiduciary duty, professional negligence and accounting claims. The trustee, at a minimum, owed statutory duties to the beneficiaries, and fact questions remain as to whether his actions amounted to gross negligence or were undertaken in good faith.
Court: USDC Northern District of California, Judge: Westmore, Filed On: August 4, 2023, Case #: 4:23cv675, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Trusts, Fiduciary Duty
J. Corley partially grants the police officers' and prosecutors' motion for summary judgment on the exonerated man's claims against him connected to murder, attempted robbery and RICO convictions. Disputed material fact questions remain as to the exonerated man's Brady claims against the officials, but his malicious prosecution and fabrication of evidence claims are dismissed, along with a due-process claim based on suggestive interrogation techniques. A claim against the city for failure to train police officers 'regarding their Brady obligations also survives.
Court: USDC Northern District of California, Judge: Corley, Filed On: August 3, 2023, Case #: 3:21cv9472, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Hamilton partially grants the police officers and city officials' motion for summary judgment in the protestors' suit alleging civil rights violations and injuries at protests of the death of George Floyd. Police officers' decision to shoot less-lethal munitions into a crowd could create unlawful-seizure claims for those struck, since firing their weapons toward the protesters was a "knowing and willful act that terminated [their] freedom of movement," regardless of the officers' intent to encourage protestors to disperse. Several protestors' claims are dismissed for reasons including inability to identify or incorrect identification of the officers who injured them and the officers' reasonable beliefs that the use of force was necessary to apprehend them. Five protestors have surviving claims.
Court: USDC Northern District of California, Judge: Hamilton, Filed On: August 3, 2023, Case #: 4:21cv1705, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Police Misconduct
J. Corley partially grants the prison officials’ motion for summary judgment on the prisoner’s claims. A portion of the prisoner’s First Amendment retaliation claim, which alleges that a guard attempted to force him to become a “snitch” by threatening to falsely tell other inmates he was one if he did not, is dismissed because the prisoner’s refusal to “snitch” was not protected conduct for a retaliation claim. The portion of the claim related to his filing of a grievance survives, however, and the guard’s qualified immunity argument fails as to that portion of the claim. The case is referred to the Pro Se Prisoner Mediation Program.
Court: USDC Northern District of California, Judge: Corley, Filed On: August 2, 2023, Case #: 3:22cv341, NOS: Prison Condition - Habeas Corpus, Categories: First Amendment, Prisoners' Rights
J. Martinez-Olguin denies the solar cell supplier's motion to dismiss the purchaser's suit against it alleging that it has used the purchaser's trade secrets and solicited other manufacturers to produce solar modules with its solar cells after the shutdown of the purchaser's module-manufacturing business, and partially grants the purchaser's motion for a preliminary injunction. The suppliers are enjoined from using, disclosing or reproducing the purchaser's trade secrets, but a motion to enjoin allegedly defamatory speech regarding the condition of the purchaser's business.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: August 2, 2023, Case #: 3:23cv1181, NOS: Other Contract - Contract, Categories: Trade Secrets, Defamation, Injunction
J. Demarchi partially grants a class application for attorney fees and expert fees in this antitrust litigation related to telescopes. The class is granted $71,652 in attorney and expert fees, which is reduced $95,000 from the original amount requested, as it was unreasonable and inconsistent with a prior order.
Court: USDC Northern District of California, Judge: Demarchi, Filed On: August 2, 2023, Case #: 5:20cv3642, NOS: Antitrust - Other Suits, Categories: Sanctions, Experts, Attorney Fees
J. Ryu denies in part the marine company's motion to dismiss a seaman's allegations of sexual discrimination. The seaman sufficiently alleges claims against the company for negligence under the Jones Act, unseaworthiness, Title VII retaliation and negligent infliction of emotional distress.
Court: USDC Northern District of California, Judge: Ryu, Filed On: August 1, 2023, Case #: 4:22cv6999, NOS: Marine - Contract, Categories: Maritime, Emotional Distress, Employment Discrimination
J. Beeler dismisses the former Yemeni embassy employee's suit against the State Department alleging that he was not given benefits he was entitled to as a U.S. citizen working in Yemen following an unsuccessful coup d'etat attempt in 2018. The employee's claim under Title VII of the Civil Rights Act fails since citizenship and alienage are not protected categories, and he has not alleged any facts showing that the distinction between local embassy employees and direct hires had a disproportionate impact on U.S. citizens who originated from Yemen.
Court: USDC Northern District of California, Judge: Beeler, Filed On: July 28, 2023, Case #: 3:21cv7713, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Seeborg grants preliminary approval to a class action settlement in a dispute over allegedly unpaid wages between a class of employees and their employer. The settlement, with a net amount of $44,040,833.33, appears fair, adequate and reasonable. Minor modifications to the class definitions, namely expanding the class period through the date of preliminary approval and a change to the definition of the class of hourly employees to specify that it includes all retail employees, do not meaningfully change this analysis.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: July 28, 2023, Case #: 3:16cv1854, NOS: Other Labor Litigation - Labor, Categories: Employment, Settlements, Class Action